[Congressional Record Volume 144, Number 43 (Monday, April 20, 1998)]
[Senate]
[Pages S3297-S3299]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

        THE EDUCATION SAVINGS ACT FOR PUBLIC AND PRIVATE SCHOOLS

                                 ______
                                 

                 MACK (AND D'AMATO) AMENDMENT NO. 2288

  Mr. MACK (for himself and Mr. D'Amato) to the bill (H.R. 2646) to 
amend the Internal Revenue Code of 1986 to allow tax-free expenditures 
from education individual retirement accounts for elementary and 
secondary school expenses, to increase the maximum annual amount of 
contributions to such accounts, and for other purposes; as follows:

       At the end, add the following:
          TITLE __--MEASURES TO ENCOURAGE RESULTS IN TEACHING

     SEC. __01. SHORT TITLE; FINDINGS; AND PURPOSES.

       (a) Short Title.--This title may be cited as the ``Measures 
     to Encourage Results in Teaching Act of 1998''.
       (b) Findings.--Congress makes the following findings:
       (1) All students deserve to be taught by well-educated, 
     competent, and qualified teachers.
       (2) More than ever before, education has and will continue 
     to become the ticket not only to economic success but to 
     basic survival. Students will not succeed in meeting the 
     demands of a knowledge-based, 21st century society and 
     economy if the students do not encounter more challenging 
     work in school. For future generations to have the 
     opportunities to achieve success the future generations will 
     need to have an education and a teacher workforce second to 
     none.
       (3) No other intervention can make the difference that a 
     knowledgeable, skillful teacher can make in the learning 
     process. At the same time, nothing can fully compensate for 
     weak teaching that, despite good intentions, can result from 
     a teacher's lack of opportunity to acquire the knowledge and 
     skill needed to help students master the curriculum.
       (4) The Federal Government established the Dwight D. 
     Eisenhower Professional Development Program in 1985 to ensure 
     that teachers and other educational staff have access to 
     sustained and high-quality professional development. This 
     ongoing development must include the ability to demonstrate 
     and judge the performance of teachers and other instructional 
     staff.
       (5) States should evaluate their teachers on the basis of 
     demonstrated ability, including tests of subject matter 
     knowledge, teaching knowledge, and teaching skill. States 
     should develop a test for their teachers and other 
     instructional staff with respect to the subjects taught by 
     the teachers and staff, and should administer the test every 
     3 to 5 years.
       (6) Evaluating and rewarding teachers with a compensation 
     system that supports teachers who become increasingly expert 
     in a subject area, are proficient in meeting the needs of 
     students and schools, and demonstrate high levels of 
     performance measured against professional teaching standards, 
     will encourage teachers to continue to learn needed skills 
     and broaden teachers' expertise, thereby enhancing education 
     for all students.
       (c) Purposes.--The purposes of this title are as follows:

[[Page S3298]]

       (1) To provide incentives for States to establish and 
     administer periodic teacher testing and merit pay programs 
     for elementary school and secondary school teachers.
       (2) To encourage States to establish merit pay programs 
     that have a significant impact on teacher salary scales.
       (3) To encourage programs that recognize and reward the 
     best teachers, and encourage those teachers that need to do 
     better.

     SEC. __02. STATE INCENTIVES FOR TEACHER TESTING AND MERIT 
                   PAY.

       (a) Amendments.--Title II of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended--
       (1) by redesignating part D as part E;
       (2) by redesignating sections 2401 and 2402 as sections 
     2501 and 2502, respectively; and
       (3) by inserting after part C the following:

      ``PART D--STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY

     ``SEC. 2401. STATE INCENTIVES FOR TEACHER TESTING AND MERIT 
                   PAY.

       ``(a) State Awards.--Notwithstanding any other provision of 
     this title, from funds described in subsection (b) that are 
     made available for a fiscal year, the Secretary shall make an 
     award to each State that--
       ``(1) administers a test to each elementary school and 
     secondary school teacher in the State, with respect to the 
     subjects taught by the teacher, every 3 to 5 years; and
       ``(2) has an elementary school and secondary school teacher 
     compensation system that is based on merit.
       ``(b) Available Funding.--The amount of funds referred to 
     in subsection (a) that are available to carry out this 
     section for a fiscal year is 50 percent of the amount of 
     funds appropriated to carry out this title that are in excess 
     of the amount so appropriated for fiscal year 1999, except 
     that no funds shall be available to carry out this section 
     for any fiscal year for which--
       ``(1) the amount appropriated to carry out this title 
     exceeds $600,000,000; or
       ``(2) each of the several States is eligible to receive an 
     award under this section.
       ``(c) Award Amount.--A State shall receive an award under 
     this section in an amount that bears the same relation to the 
     total amount available for awards under this section for a 
     fiscal year as the number of States that are eligible to 
     receive such an award for the fiscal year bears to the total 
     number of all States so eligible for the fiscal year.
       ``(d) Use of Funds.--Funds provided under this section may 
     be used by States to carry out the activities described in 
     section 2207.
       ``(e) Definition of State.--For the purpose of this 
     section, the term `State' means each of the 50 States and the 
     District of Columbia.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 1999.

     SEC. __03. TEACHER TESTING AND MERIT PAY.

       (a) In General.--Notwithstanding any other provision of 
     law, a State may use Federal education funds--
       (1) to carry out a test of each elementary school or 
     secondary school teacher in the State with respect to the 
     subjects taught by the teacher; or
       (2) to establish a merit pay program for the teachers.
       (b) Definitions.--In this section, the terms ``elementary 
     school'' and ``secondary school'' have the meanings given the 
     terms in section 14101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8801).
                                 ______
                                 

                       KENNEDY AMENDMENT NO. 2289

  Mr. KENNEDY proposed an amendment to the bill, H.R. 2646, supra; as 
follows:

       Strike section 101, and insert the following:

     SEC. 101. LOAN FORGIVENESS FOR TEACHERS.

       (a) Findings.--Congress makes the following findings:
       (1) Our Nation is witnessing a 10-year rise in the 
     elementary and secondary school age population. Between the 
     fall of 1996 and the fall of 2006, total elementary and 
     secondary school enrollment will rise from a record 
     51,700,000 to 54,600,000, a rise of approximately 3,000,000 
     children. Elementary school enrollment is projected to grow 
     by 2 percent, from 37,300,000 to 38,100,000, while secondary 
     school enrollment is expected to rise by 15 percent, from 
     14,400,000 to 16,500,000.
       (2) In addition to the enrollment increases, many of the 
     Nation's elementary and secondary school teachers working in 
     1998 will begin to reach retirement age. According to the 
     National Center for Education Statistics data, between one-
     third and one-half of all elementary and secondary school 
     teachers are 45 years old or older. Qualified, experienced 
     elementary and secondary school teachers will be leaving the 
     profession at a time when the demand for the teachers is at 
     the highest level in our Nation's history.
       (3) There is a lack of qualified elementary and secondary 
     school teachers in specific geographic and content areas. 
     More than one-half, 56 percent, of secondary school students 
     taking physical science courses are taught by teachers who 
     have no background in physical science. Twenty-seven percent 
     of secondary school students taking any level mathematics 
     course are taught by teachers with no mathematics background. 
     Students in inner-city schools have only a 50 percent chance 
     of being taught by a qualified mathematics or science 
     teacher. States that have large percentages of classes taught 
     by teachers without a background in a particular subject 
     area, such as Tennessee (26.5 percent), Florida (26.4 
     percent), Louisiana (26.2 percent), and Maryland (25.6 
     percent), demonstrate the need for increased numbers of 
     elementary and secondary school teachers with the necessary 
     qualifications.
       (4) Our Nation must address the need described in paragraph 
     (3) to ensure a qualified elementary and secondary school 
     teacher for every child in every elementary and secondary 
     school course.
       (b) Purpose.--The purpose of this section is to create a 
     Federal student loan forgiveness program to attract 
     individuals to careers as elementary and secondary school 
     teachers.
       (c) Loan Forgiveness for Teachers.--Part B of title IV of 
     the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) is 
     amended by inserting after section 428J (20 U.S.C. 1078-10) 
     the following:

     ``SEC. 428K. LOAN FORGIVENESS FOR TEACHERS.

       ``(a) Program Authorized.--The Secretary is authorized to 
     carry out a program of assuming the obligation to repay a 
     loan made, insured, or guaranteed under this title (excluding 
     loans made under section 428A for any new borrower after July 
     1, 1998, who is employed as a full-time elementary school or 
     secondary school teacher--
       ``(1) in a school served by a local educational agency that 
     is eligible for assistance under part A of title I of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.); or
       ``(2) who teaches mathematics, science, foreign language, 
     bilingual education, or any other area that the State 
     educational agency determines to be an area for which there 
     is a shortage of qualified elementary school or secondary 
     school teachers.
       ``(b) Loan Repayment.--
       ``(1) In general.--The Secretary shall assume the 
     obligation to repay--
       ``(A) 15 percent of the total amount of loans incurred by 
     the borrower under this title, not to exceed $1,200 per year, 
     for each of the first two years the borrower meets the 
     employment requirement described in subsection (a);
       ``(B) 20 percent of such total amount, not to exceed $1,600 
     per year, for each of the third and fourth years the borrower 
     meets such requirement; and
       ``(C) 30 percent of such total amount, not to exceed 
     $2,400, for the fifth year the borrower meets such 
     requirement.
       ``(2) Construction.--Nothing in this subsection shall be 
     construed to authorize the refunding of any repayment of a 
     loan under this title.
       ``(3) Interest.--If a portion of a loan is repaid by the 
     Secretary under this section for any year, the proportionate 
     amount of interest on such loan which accrues for such year 
     shall be repaid by the Secretary.
       ``(c) Repayment to Eligible Lenders.--The Secretary shall 
     pay to each eligible lender or holder for each fiscal year an 
     amount equal to the aggregate amount of loans which are 
     subject to repayment pursuant to this section for such year.
       ``(d) Application for Repayment.--
       ``(1) In general.--Each eligible individual desiring loan 
     repayment under this section shall submit a complete and 
     accurate application to the Secretary at such time, in such 
     manner, and containing such information as the Secretary may 
     reasonably require. Loan repayment under this section shall 
     be on a first-come, first-served basis and subject to the 
     availability of appropriations.
       ``(2) Conditions.--An eligible individual may apply for 
     repayment after completing each year of qualifying 
     employment. The borrower shall receive forbearance while 
     engaged in qualifying employment unless the borrower is in 
     deferment while so engaged.
       ``(e) Definitions.--For the purpose of this section the 
     term ``eligible lender'' has the meaning given the term in 
     section 435(d).
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $3,600,000 for each of the fiscal years 1999 and 2000.''.
                                 ______
                                 

                 D'AMATO (AND MACK) AMENDMENT NO. 2290

  Mr. COVERDELL (for Mr. D'Amato, for himself and Mr. Mack) proposed an 
amendment to amendment No. 2288 proposed by Mr. Mack to the bill, H.R. 
2646, supra; as follows:

       Strike all after the first word, and insert the following:

     __. STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY.

       (a) Short Title.--This section may be cited as the 
     ``Measures to Encourage Results in Teaching Act of 1998''.
       (b) Findings.--Congress makes the following findings:
       (1) All students deserve to be taught by well-educated, 
     competent, and qualified teachers.
       (2) More than ever before, education has and will continue 
     to become the ticket not only to economic success but to 
     basic survival. Students will not succeed in meeting the 
     demands of a knowledge-based, 21st century society and 
     economy if the students do not encounter more challenging 
     work in school. For future generations to have the 
     opportunities to achieve success the future generations will 
     need to have an education and a teacher workforce second to 
     none.
       (3) No other intervention can make the difference that a 
     knowledgeable, skillful teacher can make in the learning 
     process. At the same time, nothing can fully compensate for

[[Page S3299]]

     weak teaching that, despite good intentions, can result from 
     a teacher's lack of opportunity to acquire the knowledge and 
     skill needed to help students master the curriculum.
       (4) The Federal Government established the Dwight D. 
     Eisenhower Professional Development Program in 1985 to ensure 
     that teachers and other educational staff have access to 
     sustained and high-quality professional development. This 
     ongoing development must include the ability to demonstrate 
     and judge the performance of teachers and other instructional 
     staff.
       (5) States should evaluate their teachers on the basis of 
     demonstrated ability, including tests of subject matter 
     knowledge, teaching knowledge, and teaching skill. States 
     should develop a test for their teachers and other 
     instructional staff with respect to the subjects taught by 
     the teachers and staff, and should administer the test every 
     3 to 5 years.
       (6) Evaluating and rewarding teachers with a compensation 
     system that supports teachers who become increasingly expert 
     in a subject area, are proficient in meeting the needs of 
     students and schools, and demonstrate high levels of 
     performance measured against professional teaching standards, 
     will encourage teachers to continue to learn needed skills 
     and broaden teachers' expertise, thereby enhancing education 
     for all students.
       (c) Purposes.--The purposes of this section are as follows:
       (1) To provide incentives for States to establish and 
     administer periodic teacher testing and merit pay programs 
     for elementary school and secondary school teachers.
       (2) To encourage States to establish merit pay programs 
     that have a significant impact on teacher salary scales.
       (3) To encourage programs that recognize and reward the 
     best teachers, and encourage those teachers that need to do 
     better.
       (d) State Incentives for Teacher Testing and Merit Pay.--
       (1) Amendments.--Title II of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended--
       (A) by redesignating part D as part E;
       (B) by redesignating sections 2401 and 2402 as sections 
     2501 and 2502, respectively; and
       (C) by inserting after part C the following:

      ``PART D--STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY

     ``SEC. 2401. STATE INCENTIVES FOR TEACHER TESTING AND MERIT 
                   PAY.

       ``(a) State Awards.--Notwithstanding any other provision of 
     this title, from funds described in subsection (b) that are 
     made available for a fiscal year, the Secretary shall make an 
     award to each State that--
       ``(1) administers a test to each elementary school and 
     secondary school teacher in the State, with respect to the 
     subjects taught by the teacher, every 3 to 5 years; and
       ``(2) has an elementary school and secondary school teacher 
     compensation system that is based on merit.
       ``(b) Available Funding.--The amount of funds referred to 
     in subsection (a) that are available to carry out this 
     section for a fiscal year is 50 percent of the amount of 
     funds appropriated to carry out this title that are in excess 
     of the amount so appropriated for fiscal year 1999, except 
     that no funds shall be available to carry out this section 
     for any fiscal year for which--
       ``(1) the amount appropriated to carry out this title 
     exceeds $600,000,000; or
       ``(2) each of the several States is eligible to receive an 
     award under this section.
       ``(c) Award Amount.--A State shall receive an award under 
     this section in an amount that bears the same relation to the 
     total amount available for awards under this section for a 
     fiscal year as the number of States that are eligible to 
     receive such an award for the fiscal year bears to the total 
     number of all States so eligible for the fiscal year.
       ``(d) Use of Funds.--Funds provided under this section may 
     be used by States to carry out the activities described in 
     section 2207.
       ``(e) Definition of State.--For the purpose of this 
     section, the term `State' means each of the 50 States and the 
     District of Columbia.''.
       (2) Effective Date.--The amendments made by paragraph (1) 
     shall take effect on October 2, 1999.
       (e) Teacher Testing and Merit Pay.--
       (1) In General.--Notwithstanding any other provision of 
     law, a State may use Federal education funds--
       (A) to carry out a test of each elementary school or 
     secondary school teacher in the State with respect to the 
     subjects taught by the teacher; or
       (B) to establish a merit pay program for the teachers.
       (2) Definitions.--In this subsection, the terms 
     ``elementary school'' and ``secondary school'' have the 
     meanings given the terms in section 14101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 8801).
                                 ______
                                 

                      HUTCHISON AMENDMENT NO. 2291

  Mr. COVERDELL (for Mrs. Hutchison) proposed an amendment to the bill, 
H.R. 2646, supra; as follows:

       At the end, add the following:
                TITLE __--EQUAL EDUCATIONAL OPPORTUNITY

     SEC. __01. EQUAL EDUCATIONAL OPPORTUNITY.

       Subsection (b) of section 6301 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7351) is amended--
       (1) in paragraph (7), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (8), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(9) education reform projects that provide same gender 
     schools and classrooms, as long as comparable educational 
     opportunities are offered for students of both sexes.''.

                          ____________________